[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36839-36840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18106]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ASW-39]


Establishment of Class E Airspace; Theodore, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment establishes Class E airspace at Theodore, AL. 
The development of a global positioning system (GPS) standard 
instrument approach procedure (SIAP), helicopter point-in-space 
approach, to a heliport in the Theodore, AL, area has made this rule 
necessary. This action is intended to provide adequate controlled 
airspace extending upward from 700 feet or more above the surface for 
instrument flight rules (IFR) operations to the heliport.

DATES: Effective 0901 UTC, October 8, 1998.
    Comments must be received on or before August 24, 1998.

ADDRESSES: Send comments on the rule in triplicate to Manager, Airspace 
Branch, Air Traffic Division, Federal Aviation Administration, 
Southwest Region, Docket No. 98-ASW-39, Fort Worth, TX 76193-0520.
    The official docket may be examined in the Office of the Regional 
Counsel, Southwest Region, Federal Aviation Administration, 2601 
Meacham Boulevard, Room 663, Fort Worth, TX, between 9:00 a.m. and 3:00 
p.m., Monday through Friday, except Federal holidays. An informal 
docket may also be examined during normal business hours at the 
Airspace Branch, Air Traffic Division, Federal Aviation Administration, 
Southwest Region, Room 414, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT: Donald J. Day, Airspace Branch, Air 
Traffic Division, Southwest Region, Federal Aviation Administration, 
Fort Worth, TX 76193-0520, telephone 817-222-5593.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 establishes 
Class E airspace at Theodore, AL. The development of a GPS SIAP, 
helicopter point-in-space approach, to a heliport in the Theodore, AL, 
area has made this rule necessary. This action is intended to provide 
adequate controlled airspace extending upward from 700 feet or more 
above the surface for IFR operations to the heliport.
    Class E airspace designations are published in Paragraph 6005 of 
FAA Order 7400.9E, dated September 10, 1997, and effective September 
16, 1997, which is incorporated by reference in 14 CFR Sec. 71.1. The 
Class E airspace designation listed in this document will be published 
subsequently in the order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in any 
adverse or negative comment and therefore is issuing it as a direct 
final rule. A substantial number of previous opportunities provided to 
the public to comment on substantially identical actions have resulted 
in negligible adverse comments or objections. Unless a written adverse 
or negative comment, or a written notice of intent to submit an adverse 
or negative comment, is received within the comment period, the 
regulation will become effective on the date specified above. After the 
close of the comment period, the FAA will

[[Page 36840]]

publish a document in the Federal Register indicating that no adverse 
or negative comments were received and confirming the date on which the 
final rule will become effective. If the FAA does receive, within the 
comment period, an adverse or negative comment or written notice of 
intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended or withdrawn in light of 
the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action is needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-ASW-39.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    Further, the FAA has determined that this regulation is 
noncontroversial and unlikely to result in adverse or negative comments 
and only involves an established body of technical regulations that 
require frequent and routine amendments to keep them operationally 
current. Therefore, I certify that this regulation (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under DOT Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979); and (3) if promulgated, will not have 
a significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. Since this rule involves routine matters that will 
only affect air traffic procedures and air navigation, it does not 
warrant preparation of a Regulatory Flexibility Analysis because the 
anticipated impact is so minimal.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854; 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec. 71.1   [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 6005: Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ASO AL E5  Theodore, AL  [New]

Point In Space Coordinates
    (Lat. 30 deg.25'06'' N., long. 88 deg.10'45'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6-mile radius of the point in space in Theodore, AL.
* * * * *
    Issued in Forth Worth, TX, on June 30, 1998.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 98-18106 Filed 7-7-98; 8:45 am]
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